11-11 Extend moratorium on internet cafes

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PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 3/21/11. PLACED. ON 2ND HEADING 4/4/11. ORDINANCE NO. 11-11 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force at the eazliest period allowed by law, to extend the moratorium .enacted by Ord. 72-10 on the granting of permits to operate an Intemet Cafe, Sweepstakes Gaming Cafe or Com- puter Game Center for a period not to exceed six (6) months from April 18, 2011 in order to allow Council and the Lakewood Planning Commission to continue to review applica- ble case law, criminal codes and the Lakewood Zoning Code relative to these establish- ments. WHEREAS, Ord. 72-10, enacted on October 18, 2010 and effective October 20, 2010, placed asix- (6-) month moratorium on the issuance of any occupancy permit or other permit that would allow the operation of an Internet Cafe, Sweepstakes Gaming Cafe or Computer Game Center in the City; and WHEREAS, the law in Ohio involving Internet Cafes, Sweepstakes Gaming Ca- fes and Game Center Facilities is in its nascent stages, as courts begin to determine whether the operations of these facilities constitute illegal gambling, such that Council and the Planning Commission require additional time to undertake a review of all appli- cable case law and codes statewide; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code municipalities have the power to enact planning and zoning laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality including restricting areas used for businesses and trades; and WHEREAS, the additional provisions of the preamble to Ord. 72-10 remain rele- vant in and to the City; and WHEREAS, this Council by a vote of at least five (5) members thereof deter- mines that this ordinance is an emergency measure and that this ordinance shall take ef- fect at the eazliest date possible as set forth in ARTICLE III; SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD and that it is nec- essary for the immediate preservation of the public property health and safety and to pro- vide for the usual daily operation of municipal departments in that Internet Cafes, Sweep- stakes Gaming Cafes and/or Computer Game Centers. are opening across the greater Cleveland azea, the original moratorium expires on or about April 18, 2011, and due to the negative impact on surrounding neighborhoods, this moratorium is necessary to pro- tect those neighborhoods until further review of criminal and zoning codes can be con- ducted; now, therefore BE IT ORDAINED BY THE CTI'Y OF LAKEWOOD, OHIO: